Syracuse, NY -- A judge in Onondaga County Court has asked for an explanation from the district attorney's office as to why two men charged with similar crimes were offered different plea deals.

Both Branden DeGroat, 25, and Tyler Carter, 19, were charged with criminal weapon possession after police found loaded, modified rifles in their cars last summer.

The similarities ended there.

DeGroat, who is white, was offered a ten-month term of imprisonment, which could be served in county jail, in return for admitting to third-degree criminal possession of a weapon. DeGroat has a prior DWI conviction on his record.

Carter, who is black, was offered a 3 ½ year state prison sentence, with 2 1/2 years of post-release supervision, in return for admitting to second-degree criminal possession of a weapon.

Before Carter pleaded guilty on May 29, Judge Joseph Fahey said in open court that he was "not comfortable" with the deal. He said he would speak more on the subject at sentencing and called the lawyers up to the bench for a conference.

Defense attorney Jeffrey DeRoberts confirmed that Fahey brought up the other case involving a white defendant and a differing sentence at the bench.

However, DeRoberts said he hadn't known about DeGroat's case while working on a deal for Carter.

When DeGroat showed up in court a few weeks later for sentencing, Fahey originally adjourned the case to match up with Carter's sentencing date. But after a brief conference with DeGroat's defense attorney, he instead adjourned the sentencing until Monday and asked for an explanation from the district attorney's office regarding the two deals.

Assistant District Attorney James Daley, who handled both cases, said he has already spoken directly with the judge about the reasons behind each offer. He has also sent a letter to the judge in anticipation of questions that may come up at sentencing.

Daley said that the district attorney's office doesn't offer "cookie-cutter" dispositions. He said no two cases are the same.

"I can say without any hesitation race is never a factor with any disposition I've ever done," he said. "It was not factored in, in any proposal this office has made."

Carter's arrest as described in court papers:

Tyler Carter

Tyler Carter, 19, was arrested on June 16, 2012 about 11:15 a.m., after Syracuse police responded to reports of shots fired near South and Rockland avenues.

Officers pulled over Carter's gray 2006 Pontiac Grand Prix and spotted a 22-inch Ruger semi-automatic rifle, loaded with two rounds of ammunition, in the rear floor board of the car.

The sawed-off rifle was found to have been stolen from Sandy Creek. Carter was charged with second-degree criminal possession of a weapon and fourth-degree criminal possession of stolen property, both felonies.

He pleaded guilty to second-degree criminal possession of a weapon May 29.

DeGroat's arrest as described in court papers:

Branden DeGroat

On Aug. 16, 2012, about 4:40 p.m., police were called to 1511 First North St. where Branden DeGroat had allegedly kicked in the door to an apartment building.

Police searched the car DeGroat's girlfriend was driving, and found a 25 1/2 inch Charter Arms rifle with a black color finish and black handgrips wrapped in duct tape. A police officer observed that the weapon was fully loaded. The gun was located under the passenger seat of the car.

On Feb. 7, 2012, DeGroat was convicted of driving while intoxicated. After his arrest that summer, he admitted in Syracuse City Court to violating his probation. He was sentenced May 8, 2013, to one day in jail, according to records from the City Court clerk's office.

DeGroat pleaded guilty in County Court to third-degree criminal possession of a weapon on May 20, 2013 -- just nine days before Carter appeared before Fahey and pleaded to a higher charge.

Fahey cannot give both men the same sentence because they have pleaded guilty to different degrees of the same charge. The charge Carter faces requires a stiffer sentence.

The prosecution's explanation

Onondaga County District Attorney William Fitzpatrick said the letter Daley sent to the judge highlights "substantial" differences in the two cases that warranted different outcomes.

First, he said Carter's rifle was more heavily modified than DeGroat's, making it easier to conceal and use in crimes. He also said he found it suspicious that Carter's weapon was found to have been stolen a year ago. He said there isn't proof that Carter burglarized the home where the weapon was stolen, but said his office factored in the recent theft of the gun.

DeGroat didn't legally own his gun either, said Fitzpatrick, but it had never been reported stolen, and was purchased in the 1970s.

Next, Fitzpatrick said that Carter was apprehended fleeing the scene of a "drive-by" shooting, while DeGroat was arrested following a domestic incident, in which he didn't use the gun.

Lastly, the DA said DeGroat was more cooperative with the investigation than Carter. DeGroat has gotten his GED while in custody, and has also participated in a substance abuse program, said Fitzpatrick. Carter agreed on several occasions to cooperate with the DA's office and then backed out or added conditions at the last minute, said Fitzpatrick.

"We said, 'OK, we've had enough of your jerking us around," said Fitzpatrick.

It's unusual for a judge to express discontent about different deals in different cases, said Fitzpatrick, but not unheard of.

"It happens," he said. "But not a lot."

He contends that the two cases are "easily distinguishable."

"I have the utmost respect for Judge Fahey," said Fitzpatrick. "He didn't wake up and say, 'Jeez, the DA's office is racist.' I think his honor was thinking out loud, about the appearance that these cases might have. I take that with the intent that it was offered, but I think he'll see that in hindsight, it's sort of an incendiary thing to suggest."

DeGroat is scheduled for sentencing on Monday. Carter will be back in court on Sept. 25. Carter's sentencing was delayed so that he could be present for his child's birth before he goes to prison.